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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Progressive Insurance as subrogee of Jacee Badeaux against the Metropolitan Government of Nashville and Davidson County in the amount of $19,536.38, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on September 30, 2024, Jacee Badeaux was stopped in the left turn lane of Cabot Drive as a Nashville Fire Department ladder truck was turning right onto Cabot Drive from Charlotte Pike with lights and siren activated. The ladder truck struck the right side of Mr. Badeaux’s vehicle, causing damage to it; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government, and recommends that any and all claims or causes of action that Progressive Insurance as subrogee of Jacee Badeaux brought or could have brought related to the events detailed above be compromised and settled for $19,536.38, and that this amount be paid from the Self-Insured Liability Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the property damage claim of Progressive Insurance as subrogee of Jacee Badeaux for the sum of $19,536.38, with said amount to be paid from the Self-Insured Liability Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
On September 30, 2024, Jacee Badeaux was in the left turn lane at the intersection of Cabot Drive and Charlotte Pike. The driver of a Nashville Fire Department (“NFD”) ladder truck was attempting a right turn onto Cabot Drive from Charlotte Pike with lights and siren activated. The ladder truck sideswiped the right side of Jacee Badeaux’s vehicle, causing damage to the front bumper, fender, hood, rear door, and liftgate. The total estimated cost of repair is $17,285.22 and the vehicle was declared a total loss.
The Department of Law recommends settlement of this claim for $19,536.38 in full settlement of the property damage claim of Progressive Insurance, as subrogee for Jacee Badeaux.
Disciplinary action against the NFD employee consisted of a written reprimand.
Fiscal Note: The total settlement amount is $19,536.38. This settlement, along with Resolution Nos. RS2025-1120, RS2025-1125, and RS2025-1128, would be the 25th, 26th, 27th, and 28th payments after approval by Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,353,677. The fund balance would be $7,289,002 after these payments.